Dr. Seuss Enterprises, L.P. v. ComicMix LLC et al

Filing 100

ORDER Granting 99 Joint Motion to Amend the Scheduling Order. Signed by Magistrate Judge Bernard G. Skomal on 7/10/2018. (mpl)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 11 Dr. Seuss Enterprises, L.P. a California limited partnership, ORDER GRANTING JOINT MOTION TO AMEND THE SCHEDULING ORDER Plaintiff, 12 13 Case No.: 16-cv-02779-JLS-BGS v. 17 ComicMix LLC; a Connecticut limited liability company; Mr. Glenn Hauman; an individual; Mr. David Jerrold Friedman, an individual also known as David Gerrold; and Mr. Ty Templeton an individual, 18 Defendants. 14 15 16 [ECF No. 99] 19 20 On July 10, 2018, the parties filed a Joint Motion to Amend the Scheduling Order 21 (ECF No. 99) in which that they request leave to take a combined Rule 30(b)(6) deposition 22 of Dr. Seuss Enterprises L.P. and Rule 30(b)(1) deposition of Dr. Seuss Enterprises L.P. 23 President Susan Brandt six days after the close of fact discovery, on July 18, 2018. (See 24 ECF No. 91 ¶ 1 [setting fact discovery deadline as July 12, 2018].) 25 Federal Rule of Civil Procedure 16(b)(4) provides that “[a] schedule may be 26 modified only for good cause and with the judge’s consent.” Civil Local Rule 16.1(b) 27 requires all counsel and parties to “proceed with diligence to take all steps necessary to 28 bring an action to readiness for trial.” In determining whether there is “good cause” under 1 16-cv-02779-JLS-BGS 1 Rule 16(b), the Court “primarily considers the diligence of the party seeking the 2 amendment” and the “moving party’s reasons for seeking modification.” Johnson v. 3 Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). Good cause exists if the 4 party can show that the schedule “cannot reasonably be met despite the diligence of the 5 party seeking the extension.” Id. 6 The parties have set forth the diligence with which they have conducted discovery 7 and attempted to schedule a Rule 30(b)(6) and Rule 30(b)(1) deposition of Dr. Seuss 8 Enterprises L.P. President Susan Brandt. (See ECF Nos. 99 at 2-4; 99-1 ¶¶ 12-17; 99-2 9 ¶¶ 6-32). Accordingly, good cause appearing, the parties’ Joint Motion to Amend the 10 Scheduling Order (ECF No. 99) is GRANTED. The parties may take a combined Rule 11 30(b)(6) deposition of Dr. Seuss Enterprises L.P. and Rule 30(b)(1) deposition of Dr. Seuss 12 Enterprises L.P. President Susan Brandt on July 18, 2018. 13 14 15 16 All other dates and deadlines set forth in the First Amended Scheduling Order (ECF No. 91) remain in effect. IT IS SO ORDERED. Dated: July 10, 2018 17 18 19 20 21 22 23 24 25 26 27 28 2 16-cv-02779-JLS-BGS

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